HomeMy WebLinkAboutWQ0003973_Issuance of Permit_20180827P40RTH CAROLINA
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MICHAEL S. REGAN
secmreary
LINDA CULPEPPER
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August 27, 2018
BARRY W. CLARK
3122 CHEEK ROAD
DURHAM, NORTH CAROLINA 27704
Dear Mr. Clark:
Subject: Permit No. WQ0003973
3122 Cheek Rd. SFR
Single -Family Residence
Wastewater Irrigation System
Durham County
In accordance with your permit renewal request received June 4, 2018, and subsequent additional
information received July 27, 2018, we are forwarding herewith Permit No. WQ0003973 dated August 27,
2018, to Barry W. Clark for the continued operation of the subject single-family residence wastewater
treatment and irrigation facilities. Please note that this renewed permit shall become effective on February
1, 2019 (i.e., the day after the expiration date of the existing permit).
This permit shall be effective from February 1, 2019 until January 31, 2024, shall void Permit No.
WQ0003973 issued March 11, 2013, and shall be subject to the conditions and limitations as specified
therein. An extension shall be requested at least six months prior to the expiration of this permit.
Upon receipt of the request, the Commission will review the adequacy of the facility described therein and,
if warranted, will extend the permit for such period of time and under such conditions and limitations as it
may deem appropriate.
Please pay particular attention to the operation and maintenance requirements listed in Section III
for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting
and maintaining the required operational information shall result in future compliance problems. Also note
that Condition VI.6. requires the Permittee to retain a set of Division approved plans and specifications for
the life of the facilities permitted herein.
Please note the following permit condition has been removed since the last permit issuance
dated March 11, 2013:
➢ Old Condition I1.12. —Condition for watertight seal is not required since this is not in the 100 -
year flood plain.
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North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.807.6332
Mr. Barry W. Clark
August 27, 2018
Page 2 of 2
Please note the following permit condition has been modified since the last permit issuance
dated March 11, 2013:
➢ Condition II.9. — Contains setback waiver agreement details of property line.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Troy Doby at (919) 707-
3655 or troy.doby(@ncdenr.gov.
Sincerely,
Linda Culpepper, Interim Director
Division of Water Resources
cc: Durham County Health Department (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Barry W. Clark
Durham County
FOR THE
continued operation of a 450 gallon per day (GPD) single-family residence wastewater treatment and
irrigation facility consisting o£
a 1,000 gallon septic tank; dual 250 square foot (W) subsurface sand filters; a distribution box; a 75 gallon
chlorine contact tank with tablet chlorinator; two 1,250 gallon irrigation pump tanks (side-by-side) with a
16 gallon per minute (GPM) submersible irrigation pump; a 0.46- acre spray irrigation area with eight
sprinkler heads; and all associated piping, valves, controls, and appurtenances
to serve the single-family residence at 3122 Cheek Rd., Durham, NC 27704, with no discharge of wastes
to surface waters, pursuant to the application received June 4, 2018, and subsequent additional information
received by the Division of Water Resources, and in conformity with the project plans, specifications, and
other supporting data subsequently filed and approved by the Department of Environmental Quality and
considered a part of this permit.
This permit shall be effective from February 1, 2019 until January 31, 2024, shall void Permit No.
WQ0003973 issued March 11, 2013, and shall be subject to the following specified conditions and
limitations:
No later than -six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application.
[15A NCAC 02T .0 105, 02T .0 109, 02T .0115(c)]
2. If a public or community sewage system is or becomes available, the subject single-family residence
wastewater treatment and irrigation facilities shall be closed and all wastewater shall be discharged into
the public or community sewage system within 180 days of its availability. Prior to the initiation of
these connection activities, appropriate Division approval shall be received. [15A NCAC 02T .0607]
WQ0003973 Version 4.0 Shell Version 180711 Page 1 of 6
II. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated at all times so there is
no discharge to surface waters, nor any contravention of groundwater or surface water standards. In
the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due
to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the
effluent, the Permittee shall take immediate corrective actions including Division required actions, such
as the construction of additional or replacement wastewater treatment or disposal facilities. [15A
NCAC 02T .0108(b)(1)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100]
3. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in the
following table:
TABLE 1— APPLICATION LIMITATIONS
Field Parameter Hourly Rate Yearly Max Units
1 01284 — Non -Discharge Application Rate 1 0.2 36.4 inches
[15A NCAC 02T.06050)]
4. The subject facility has been approved to land apply wastewater effluent on the following fields:
lADJUV 1. - 11U1U%ffA 11VA AHLA llV r UMV1A 11V1I�
Field
Owner
County Latitude
Longitude
Net
Dominant
Acreage
Soil Series
Barry W. Clark, Dwayne B. Clark,
1
Durham 36.0084360
and Valare A. Clark'
-78.8313280
0.46
Ws — White Store
1 The irrigation area is located on two parcels (Parcel Nos. 0842-0492-7092 and 0852-0302-1038).
Per an easement agreement recorded in the Durham County Register of Deeds (Book 8469, Page
668), the Permittee and his successors are allowed to irrigate treated wastewater effluent on Parcel
No. 0852-0302-1038.
[G.S. 143-215.1]
5. The Operation and Maintenance Agreement (attached) between the Permittee and the Division of Water
Resources is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operation and Maintenance Agreement shall subject the Permittee to all sanctions
provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of or failure
to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115 (2)]
6. The compliance boundary is established at the property boundary. Any exceedance of standards at the
compliance boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L
.0107(i)]
7. The review boundary is established midway between the compliance boundary and the effluent disposal
area. Any exceedance of groundwater standards at the review boundary shall require action in
accordance with 15A NCAC 02L.0106. [15A NCAC 02L.0108]
8. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)]
WQ0003973 Version 4.0 Shell Version 180711 Page 2 of 6
9. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all
distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 400
ii. Surface waters: 100
iii. Any well with exception of monitoring wells: 100
iv. Any property line: 150 1
v. Public right of way: 50
1 Per a setback waiver recorded in the Durham County Register of Deeds, reduced setbacks from
the wetted area to any property line are as follows:
Parcel No. ; Deed Book / Page
Setback
Easement
0852-0302-1038 8469/668
0 feet
150 feet
[15A NCAC 02H .02190)]
b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as
follows (all distances in feet):
i. Any well with exception of monitoring wells: 100
ii. Any property line: 50
[15A NCAC 02H.02190)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting
from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan
pursuant to 15A NCAC 02T .0604(f). [ 15A NCAC 02T .0604(f)]
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more
certified operator(s) as back-up ORC(s) unless otherwise stated in 15A NCAC 08G.0304. The ORC
or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply
with all other conditions specified in the previously cited rules. [15A NCAC 02T .0117]
3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [ 15A
NCAC 02T .0108(b)(1)]
4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed
in Condition II.4. [15A NCAC 02T .0605(o)]
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff. [15A NCAC 02T .0605(o)]
6. Only effluent from the single-family residence at 3122 Cheek Rd., Durham, NC 27704 shall be irrigated
on the sites listed in Condition II.4. [G.S. 143-215.1]
7. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)]
WQ0003973 Version 4.0 Shell Version 180711 Page 3 of 6
8. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. Fencing
shall be provided to prevent access to the irrigation site (minimum 2 -strand wire) and treatment units
shall be secured with locks on all tank accesses and control panels. [15A NCAC 02T .0605(i)]
9. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T.1100. [15A NCAC 02T .1100].
10. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15A NCAC 02T .0605(f)]
11. Pump/dosing tanks shall have audible and visual alarms external to any structure. [15A NCAC 02T
.0605(n)]
12. The Permittee is responsible for the operation and maintenance of the entire treatment and disposal
system including, but not limited to, the following items:
a. The septic tank shall be checked annually and pumped out as needed. The septic tank effluent filter
shall be checked and cleaned at the same frequency as the septic tank. [15A NCAC 18A .1900,
02T .0605]
The tablet chlorinator shall be checked weekly. Wastewater grade chlorine tablets (calcium
hypochlorite) shall be added as needed to provide proper chlorination. Pool chlorine tablets shall
not be used. [15A NCAC 02T .0605(1)]
c. The storage, pump, and alarm systems shall be inspected monthly. The scum layer in the pump
tanks shall be removed at the same interval as the septic tank is cleaned out. [15A NCAC 02T
.0108(b)(1)]
d. The system shall be inspected monthly to make certain of the proper operation of the spray heads,
that the system is free of leaks, that the vegetative growth allows a proper spray pattern, that the
soil is assimilating the disposed treated wastewater with no surface runoff, and that no objectionable
odors are being generated. [ 15A NCAC 02T .0108(b)(1)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses)
necessary to ensure groundwater and surface water protection shall be established, and an acceptable
sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791-
4200, as soon as possible, but in no case more than 24 hours, or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
b. Any facility failure resulting in a by-pass directly to receiving surface waters.
c. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Ponding in or runoff from the irrigation sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1)]
WQ0003973 Version 4.0 Shell Version 180711 Page 4 of 6
V.
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and irrigation facilities. [15A NCAC 02T .0108(b)]
2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent
malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the
release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall
maintain an inspection log that includes, at a minimum, the date and time of inspection, observations
made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this
inspection log for a period of five years from the date of the inspection, and this log shall be made
available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and irrigation facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions ofthis permit,
and may collect groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the
conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n).
[G.S. 14.-215.1]
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in
15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and
under General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B
.0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the
General Statutes. [15A NCAC 02T .0105(c)(6)]
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC
02T .0104]
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0108(b)(1)]
7. The. Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T
.01050)]
WQ0003973 Version 4.0 Shell Version 180711 Page 5 of 6
8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10. [ 15A NCAC 02T .0110]
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A
NCAC 02T.0120]
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [ 15A NCAC 02T
.0105(e)(3)]
Permit issued this the 271 day of August 2018
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-el—Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0003973
WQ0003973 Version 4.0 Shell Version 180711 Page 6 of 6
Book8469 - Page668 Page 1 of 3
Non-DischargeIII
lill
I ARN
Permitting Unit
2018025024
CTG E M Ekr
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NORTH CAROLINA, DURHAM COUNTY
This Agreement / Easement, made as of the - I9 day of df 20-E by and between
Dwayne B. Clark and Valare A. Clark, PIN 0852-0302-1038, Durha County and Barry Wayne
Clark, PIN 0842-0492-7092, Durham County as permitted by the NC Department of
Environmental Quality (NCDEQ) under Permit No: WQ0003973.
Whereas in Permit No. 12983 issued April 10, 1986, by the predecessor of the NCDEQfor two
separate Single -Family Wastewater Irrigation Systems for two separate houses on one
property; and
Whereas on April 22, 1985, the single property was split into the two existing properties (Deed
Book 1206, Page25 and Deed Book 1206, Page 29); and
Whereas between April 10, 1986, and December 18, 1990, (about 1988) Barry Wayne Clark did
construct his house and a Single -Family Wastewater Irrigation System including the wastewater
irrigation fields sufficient for two houses with all pumping and hydraulics required;
Whereas after February 26, 1996, Permit No. WQ0003973 disallowed the construction of a
second Single -Family Wastewater Irrigation System though the fields and hydraulic pumps.had
already been constructed for two and were located on each property and utilized;
Dwayne B. Clark and Valare A. Clark agree to allow Barry Wayne Clark and heirs to continue
utilizing the wastewater irrigation field as originally constructed to such time as Permit No.
WQ0003973 is rescinded.
Furthermore, Dwayne B. Clark and Valare A. Clark agree that no well will be dug within 100 feet
of the wetted area of the wastewater irrigation field.
Furthermore, Dwayne B. Clark and Valare A. Clark agree that the compliance boundary. of the
wastewater irrigation field shall be their property lines at the time of this agreement and that
the review boundary shall be established as the point halfway between the wastewater.
irrigation field and the compliance boundary. Any exceedance of groundwater standards at the
compliance boundary or the review boundary shall require action in accordance with ISA NCAC
02L.0106.
1of3
FOR REGISTRATION
Sharon A. Davis
REGISTER OF DEEDS
Durham County, NC
2018 9 PM
RE
G:66:58
BK:B4CEIVEDINCDEQUA
69 PG:668-670
AGREEMENT
JUL 2 7 2018
FEE: $26.00
INSTRUM ENT # 209 8025024
Non-DischargeIII
lill
I ARN
Permitting Unit
2018025024
CTG E M Ekr
llrh �U', ,parry Wv 0-44 3/22 eh -A 1Zd ASC 277-Oq
NORTH CAROLINA, DURHAM COUNTY
This Agreement / Easement, made as of the - I9 day of df 20-E by and between
Dwayne B. Clark and Valare A. Clark, PIN 0852-0302-1038, Durha County and Barry Wayne
Clark, PIN 0842-0492-7092, Durham County as permitted by the NC Department of
Environmental Quality (NCDEQ) under Permit No: WQ0003973.
Whereas in Permit No. 12983 issued April 10, 1986, by the predecessor of the NCDEQfor two
separate Single -Family Wastewater Irrigation Systems for two separate houses on one
property; and
Whereas on April 22, 1985, the single property was split into the two existing properties (Deed
Book 1206, Page25 and Deed Book 1206, Page 29); and
Whereas between April 10, 1986, and December 18, 1990, (about 1988) Barry Wayne Clark did
construct his house and a Single -Family Wastewater Irrigation System including the wastewater
irrigation fields sufficient for two houses with all pumping and hydraulics required;
Whereas after February 26, 1996, Permit No. WQ0003973 disallowed the construction of a
second Single -Family Wastewater Irrigation System though the fields and hydraulic pumps.had
already been constructed for two and were located on each property and utilized;
Dwayne B. Clark and Valare A. Clark agree to allow Barry Wayne Clark and heirs to continue
utilizing the wastewater irrigation field as originally constructed to such time as Permit No.
WQ0003973 is rescinded.
Furthermore, Dwayne B. Clark and Valare A. Clark agree that no well will be dug within 100 feet
of the wetted area of the wastewater irrigation field.
Furthermore, Dwayne B. Clark and Valare A. Clark agree that the compliance boundary. of the
wastewater irrigation field shall be their property lines at the time of this agreement and that
the review boundary shall be established as the point halfway between the wastewater.
irrigation field and the compliance boundary. Any exceedance of groundwater standards at the
compliance boundary or the review boundary shall require action in accordance with ISA NCAC
02L.0106.
1of3
Book8469 - Page669 Page 2 of 3
NORTH CAROLINA, DURHAM COUNTY
Furthermore, Dwayne B. Clark and Valare A. Clark agree that the setback on Barry Wayne
Clark's property shall be on their property line rather than the 100 feet called for in the permit
WQ0003973.
Barry Wayne Clark agrees to indemnify, defend and hold harmless Dwayne B. Clark and Valare
A. Clark and heirs from and against all demands and claims because of damages or judgments
for injury to persons and property in.and upon and about the wastewater irrigation field arising
out of the use granted and resulting from natural or negligent acts of Barry Wayne Clark or
heirs, its agents, or contractors including without limitations any damages, costs, fines,
administrative fees or attorney fees resulting from Barry Wayne Clark or heirs failure to comply
with Federal, State, and local laws, regulations, wastewater discharges, including and without
limitations contained in Permit No. WQ0003973.
Date: 7// 9 ZZK
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Book8469 - Page670 Page 3 of 3
NORTH CAROLINA, DURHAM COUNTY
I, , a Notary Public for r� County,
do hereby certify that Dwayne B. Clark, Valare A. Clark and Barry Wayne Clark appeared before
me this day and acknowledged the due execution of the foregoing (or annexed) instrument.
Witness my hand and official seal this _ day of 20
My Commission expires:
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3 of 3